What was the outcome of Tenancy Tribunal case 5056571?

The tribunal order states: Alison Argus and Walter Argus to pay Arcadia Property Limited As Agent For

How much money was awarded in case 5056571?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord

What type of tenancy dispute was case 5056571?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5056571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11562534-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5056571?

The tribunal order states: Alison Argus and Walter Argus to pay Arcadia Property Limited As Agent For

How much money was awarded in case 5056571?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord

What type of tenancy dispute was case 5056571?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5056571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11562534-Tenancy_Tribunal_Order.pdf.

5 Jenkins Place, Arrowtown, Arrowtown 9302 Tenancy Tribunal Case 5056571 — Cleanliness

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5 Jenkins Place, Arrowtown, Arrowtown 9302 Tenancy Tribunal Case 5056571 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5056571 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$100.00	Oven/stove cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Bond	$3,300.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 5056571 — net $427.00 NZD. Verify on MoJ.

Oven/stove cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $427.00

Bond

Landlord $3,300.00

Total payable by Tenant to Landlord

Landlord $427.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work

Order

Alison Argus and Walter Argus to pay Arcadia Property Limited As Agent For Mckenzie Family Trust $427.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,300.00 (5441697-007) immediately apportioned as follows: Arcadia Property Limited As Agent For Mckenzie Family Trust: $427.00 Alison Argus and Walter Argus: $2,873.00
The Landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the grounds or the oven reasonably clean and tidy. The landlord provided photographs and receipts to establish these claims.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed for a replacement LED light ($135.13), “general maintenance” ($163.88) and painting ($1,495). The landlord did not establish that the first two items were “damage”. The landlord’s representative did not refer me to specific evidence of the alleged damage. I find that these were maintenance items which a landlord would usually be expected to attend to. The claims are dismissed.
The landlord claimed for painting of a bedroom because a patch of wallpaper was torn off at the base of one wall. The in-going inspection describes the wallpaper as “peeling in places, nothing major”. The in-going photographs also confirm that the wallpaper was old and worn at the start of the tenancy.
The tenant disputes liability for repainting the bedroom and says that the wallpaper would not have torn if it had not already been peeling. I accept that submission. I find that the tearing was “wear and tear” having regard to the age and condition of the wallpaper. I also find that the tearing was not carelessly or intentionally caused by the tenants. Even if the tear did constitute damage, any award to the landlord would be nominal having regard to the age and condition of the wallpaper, betterment, and depreciation.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. However, the landlord was not substantially successful, so I did not grant its request for suppression. The tenant did not wish for its name to be suppressed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5056571 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning	$100.00	Oven/stove cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Bond	$3,300.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 5056571 — net $427.00 NZD. Verify on MoJ.

Oven/stove cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $427.00

Bond

Landlord $3,300.00

Total payable by Tenant to Landlord

Landlord $427.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work

Order

Alison Argus and Walter Argus to pay Arcadia Property Limited As Agent For Mckenzie Family Trust $427.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,300.00 (5441697-007) immediately apportioned as follows: Arcadia Property Limited As Agent For Mckenzie Family Trust: $427.00 Alison Argus and Walter Argus: $2,873.00
The Landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the grounds or the oven reasonably clean and tidy. The landlord provided photographs and receipts to establish these claims.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed for a replacement LED light ($135.13), “general maintenance” ($163.88) and painting ($1,495). The landlord did not establish that the first two items were “damage”. The landlord’s representative did not refer me to specific evidence of the alleged damage. I find that these were maintenance items which a landlord would usually be expected to attend to. The claims are dismissed.
The landlord claimed for painting of a bedroom because a patch of wallpaper was torn off at the base of one wall. The in-going inspection describes the wallpaper as “peeling in places, nothing major”. The in-going photographs also confirm that the wallpaper was old and worn at the start of the tenancy.
The tenant disputes liability for repainting the bedroom and says that the wallpaper would not have torn if it had not already been peeling. I accept that submission. I find that the tearing was “wear and tear” having regard to the age and condition of the wallpaper. I also find that the tearing was not carelessly or intentionally caused by the tenants. Even if the tear did constitute damage, any award to the landlord would be nominal having regard to the age and condition of the wallpaper, betterment, and depreciation.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. However, the landlord was not substantially successful, so I did not grant its request for suppression. The tenant did not wish for its name to be suppressed.

Tenancy Tribunal case 5056571 — Cleanliness at 5 Jenkins Place, Arrowtown, Arrowtown 9302

At a glance

Tenancy Tribunal case 5056571 — Cleanliness at 5 Jenkins Place, Arrowtown, Arrowtown 9302

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions